Focus on performance. Many supervisors struggle with the decision to take disciplinary action if the employee is doing well at the EAP, but not on the job. In instances where the status of EAP participation is unknown or unknowable, supervisors become frustrated with the EAP and risk a crisis resulting from the employee's continuing performance issues.
Will I cause the employee to fail? Your decision to take a legitimate administrative or disciplinary action in response to ongoing performance problems cannot be blamed for your employee's failure in treatment. You can't ignore ongoing job performance problems or they will jeopardize your organization. No organization can place the employee's personal issues ahead of an organization's well-being.